Is a criminal defendant entitled to discovery of certain information in the personnel records of a police officer accused of misconduct?
California, United States of America
The following excerpt is from People v. Belyew, C086800 (Cal. App. 2020):
A criminal defendant is entitled to discovery of certain information in the personnel records of a police officer accused of misconduct upon a showing of good cause. (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016 (Warrick); Pitchess,
Page 15
supra, 11 Cal.3d at pp. 536-538.) By requiring a showing of good cause, the Pitchess procedure balances a defendant's right to discovery of all information pertinent to her defense and a peace officer's right to privacy. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 81-84 (City of Santa Cruz).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
